Draft PWS - Polygraph follow-on.pdf

Naval Criminal Investigative Service

Performance Work Statement

Task Order

1. Background

1.1 The NCIS mission is to investigate and defeat criminal, terrorist, and foreign intelligence threats to the

United States Navy (USN) and Marine Corps-ashore, afloat, and in cyberspace. The NCIS Polygraph

Services Field Office (PSFO) is comprised of highly skilled interviewers who utilize the polygraph to obtain information in support of criminal, counterintelligence, and counterterrorism investigations for NCIS, the

Department of the Navy (DON), and the Department of Defense (DoD). They are often called upon to support the war fighter with real time tactical information. Additionally, the examiners assigned to the NCIS

PSFO administers the DON's Counterintelligence Scope Polygraph Program, helping to ensure that the

DON's most sensitive national security programs are protected against the "insider threat."

1.2 SECNAV Instruction 5510.37 implemented the Department of the Navy (DON) Insider Threat Program

(InTP). In support of SECNAV’s policy and to elevate attention Navywide on this issue, the Chief of Naval

Operations has organized a team to address the Insider Threat. CNO’s InTP team will focus on measures aimed at preventing future workplace violence as well as the intentional disclosure of classified information.

In close coordination with stakeholders from across the Navy and DoD, this team will issue directives and recommend policy changes that reinforce the safety and security of both our people and our information. A core member of the team, OPNAV will focus on the cyber security aspects of Insider Threat.

1.3 Under this initiative, OPNAV N2/N6 recently established an Insider Threat to Cyber Security (ITCS)

Office to lead the focus on the intelligence, counterintelligence, information assurance, anomaly detection, and continuous evaluation elements of Navy Insider Threat. The ITCS Office is charged with overseeing

Insider Threat activities within these specific areas, and coordinating with related efforts across the antiterrorism/force protection, human resources, law enforcement, security and other mission areas within the operational Navy. The ITCS Office is also charged with improving information sharing on insider threat deterrence, detection and mitigation efforts.

2. Scope of Work

2.1 The purpose of this Statement of Work (SOW) is to provide certified contractor support in order to administer polygraph examinations for NCIS Counterintelligence Scope Polygraph (CSP) examinations in support of the USN Insider Threat program and other DoD entities utilizing CSP examinations to support their insider threat requirement’s. The contractor shall collaborate, assist, and support the NCIS PSFO, as well as other DoD customers, in scheduling, conducting, and finalizing polygraph examinations.

2.2 The estimated number of exams anticipated over the one (1) year Period of Performance ordering period is

35,000 exams broken down by Lot (geographical region) as follows:

CLIN DESCRIPTION QTY LOCATION COMMAND

1001 LOT I - Hawaii (Contractor Site) 500

1002 LOT I - Hawaii (Gov Site) 500

2001 LOT II – Continental U.S. (Contractor Site) 14,000

2002 LOT II – Continental U.S. Govt Site) 20,000

2.3 A session is defined as a 4-hour period of time. Session credit will be granted in cases where the examiner was available and the session commenced. Session credit will not be granted for no-show appointments where the examinee fails to keep their schedule appointment.

3. Technical Requirements

3.1 OVERVIEW

3.1.1 Examiners shall schedule and document polygraph examinations at the approved NCIS PSFO testing facilities, assist the NCIS PSFO and other DoD agencies to validate examination data subject to reciprocity agreements; prepare examination authentication letters for signature for eventual transmission to external agencies; enter administrative and polygraph examination data into the NCIS PSFO approved data bases as required.

3.1.2 The Government is responsible to provide the list of all personnel to be tested during the associated performance period.

3.1.3 The Government will provide appropriate equipment necessary to conduct an NCIS PSFO approved polygraph examination. This equipment will include, but not limited to, the most updated version of Limestone or equivalent polygraph software, a non NMCI computer laptop to conduct the CSP’s and all accessories currently possessed by PSFO government examiners.

3.1.4 The Government will provide each contracted examiner access to the NCIS NIPRNET IT systems (if applicable) via the internet.

3.1.5 The Government will provide the necessary equipment to conduct and properly store each examination in accordance with current NCIS PSFO policies and procedures.

3.1.6 The Government will provide system storage for recordings for up to 35 years with increased storage space as required to accommodate volumes of data and increased program size.

3.1.7 All polygraph related charts, reports, and additional package related data will be digitally transferred to the appropriate NCIS PSFO retention systems for retention in accordance with federal and NCIS PSFO retention guidelines.

3.1.8 A Program Manager (PM) will be responsible for coordinating the daily work activities of contractor examiners and overall performance of the contract in consultation with the COR.

3.1.9 The contractor shall provide administrative support functions as follows:

3.1.9.1 Full service scheduling capability meeting the following minimum requirements:

3.1.9.1.1 Coordinate and schedule all polygraph examinations conducted under this contract.

3.1.9.1.2 Provide a means to track examiner availability with multi-month capability.

3.1.9.1.3 Provide a means to assign examinee’s against available testing appointment slots to maximize efficiency.

3.1.9.1.4 Provide a means to receive appointment requests from multiple sources and schedule, cancel, change, confirm, and otherwise adjust appointment times.

3.1.9.1.5 Use the government system of Lighthouse to remotely view and schedule examination appointments.

3.1.9.1.6 Produce monthly reports identifying vacant appointments, cancellations, examiner availability, schedules, and other reports as required by the government.

3.1.9.1.7 Provide an export capability to allow importation into the NCIS Lighthouse databases, or other DoD database as specified at the task order level.

3.1.9.2 Communicate with government administrative staff as needed for the accomplishment of the

NCIS PSFO mission.

3.1.9.3 Distribute completed NCIS Report of Information (ROI) and Investigative Actions (IA) to appropriate commands.

3.1.9.4 Track all government provided names for polygraph examinations and update government databases used by contracted personnel to ensure accuracy and completeness.

3.1.9.5 Through government means, obtain and maintain access and update the Defense

Information System for Security (DISS), or similar database, once NCIS PSFO QC decides the update is warranted.

3.2 POLYGRAPH EXAMINATIONS

3.2.1 Each session delivered will include digital copies of all polygraph charts and associated data, a digital recording of the polygraph session, and a completed polygraph report package containing the forms and reports specified by the government.

3.2.2 Administer polygraph examinations to government affiliated persons including civilians, contractors, and military personnel. Prepare, submit, and maintain clear, comprehensive, concise, timely, and accurate polygraph charts and reports according to applicable federal and NCIS PSFO instructions, policies, and other applicable issuances. Make all necessary data entry of polygraph documentation as required by regulations and NCIS PSFO procedures.

3.2.3 Contract polygraph examiners will administer initial, periodic/non-periodic CSP examinations in support of the NCIS PSFO mission.

3.2.4 Observe instructions on NCIS PSFO approved report preparation, addressing format, terminology, abbreviations, and proper grammar.

3.2.5 Maintain clear, concise and accurate polygraph chart recordings of the results of all polygraph examinations conducted which meet NCIS PSFO QC standards. The NCIS PSFO will retain all chart recordings and associated paperwork.

3.2.6 Provide audio recordings of each polygraph examination per the NCIS PSFO’ policy, utilizing the primary audio recording system provided by the government.

3.2.7 Ask only approved questions within the scope of polygraph coverage. Any recurrent, consistent problems or discrepancies during polygraph examinations such as chart recordings, report production and content, or mishandling of test subjects may end in contract termination.

3.2.8 The government is the final determining authority regarding an examinee’s suitability for polygraph testing.

3.2.9 All examinations will be completed on NCIS PSFO approved polygraph instruments and in accordance with NCIS PSFO policies and procedures.

3.3 POLYGRAPH EXAMINATION REPORT

3.3.1 Provide a complete detailed written report, if reportable information is obtained, on each polygraph examination conducted using forms, formats, and/or templates provided by the government. In the case of non-reportable information, complete all necessary paperwork or data entry records for retention in official NCIS records, using forms, formats and templates provided by the government. In the cases where individuals admit to any crime, or the rights are required to be administered, the contract examiner will terminate the process and refer it to the COR for re-assignment to a government employee.

3.3.2 Reports and recordings for each polygraph examination will be delivered within three days of completing the test.

3.3.3 Furnish all intellectual property, data records, polygraph charts, policy documents, rules, regulations, instructions, issuances, working papers, and documentation of any kind, in any format to the government daily for retention.

3.3.4 All polygraph examinations will be subjected to government oversight by a NCIS PSFO certified government polygraph examiner designated to perform QC functions. The contractor is not eligible for payment until all reports and associated documents have been correctly filed and approved by the QC personnel. The contractor is not eligible for payment if they have submitted an incomplete package or one that does not meet QC and federal polygraph standards.

3.3.5 If a polygraph examination report fails to meet the QC and Federal polygraph standards, the contractor must schedule and perform another examination at no additional cost to the government for the individual examinee and submit another examination report to the QC for approval.

3.4 MONTHLY STATUS REPORT

3.4.1 The contractor shall present a Monthly Status Report due to the COR by the tenth (10 th

) business day following the end of the reporting month for review, processing, and acceptance. The Contractor’s

PM must work with the COR to outline and agree upon an acceptable Weekly Status Report.

3.4.2 At a minimum, this report shall contain:

3.4.2.1 Management Summary/Monthly progress for commands: Document the command’s name along with each task order; the total sessions for each task order per lot; how many sessions have been used each month on each task order; and how many remaining sessions are available for each task order. Year to date statistics only when requested by the COR.

4. Contractor Personnel Requirements

4.1 Contractors shall, at a minimum:

4.1.1 Be able to provide certificate confirming each Polygraph Examiner has graduated from either

Department of Defense Polygraph Institute (DoDPI), Defense Academy for Credibility Assessment

(DACA), or National Center for Credibility Assessment (NCCA) of the Basic Course in Forensic

Psychophysiology Program, Forensic Psychophysiology Program, or an equivalent program taught at the U.S. Army Military Police School (USAMPS).

4.1.2 Certifications must be provided to the COR to be retained in the NCIS PSFO records for each task order.

4.1.3 Certification from DoDPI, DACA, NCAA, or USAMPS is required for the duration of the task order. Failure to maintain an active certification will result in a termination of any contract polygraph examiner.

4.1.3.1 The verification must include an itemized list of all courses attended within the current cycle and a copy of the course certificates.

4.1.3.1.1 If certificates are not available, the contractor must procure written NCCA verification of status and provide it along with the itemized course listing.

4.1.4 Certification must be valid within seven (7) years of the performance start date.

4.2 On –Board Orientation

4.2.1 Within 15 business days after the award of the contract, the government will meet with the PM and conduct an orientation of NCIS PSFO policies and procedures.

4.2.2 The government will furnish formal training and provide instructions to gain access to the PM for government unique systems only.

4.2.3 The government will provide all necessary NCIS PSFO policies and Standard Operating Procedures to the PM during the orientation process.

4.2.4 Prior to any examinations being conducted in support of the NCIS PSFO on this contract, the

PM will be trained in all aspects of the NCIS PSFO examination procedures. Initial polygraph orientation training for examiners, including Polygraph Examination Reporting formats, will be provided by the contracted PM.

4.2.5 Contract examiners shall perform examinations in accordance with NCIS PSFO’s approved testing techniques, formats, and policies. Techniques currently approved for use at the NCIS PSFO are the directed lie (DLC) and probable lie (PLC). Currently approved formats are the Test for Espionage and Sabotage (TES), Air Force Modified General Question TEST (AFMGQT), Zone Comparison

Technique (ZCT), U-Phase, and the Directed Lie Comparison Test (DLCT). These formats, along with additional formats, may be added or deleted from the approved list at the discretion of the

NCIS PSFO management.

4.2.6 The contractor PM shall attend all NCIS PSFO sponsored meetings and briefings if required/directed.

4.2.7 Each contractor examiner shall attain 80 hours CE training biannually in accordance with the

Federal Polygraph Continuing Education (CE) Certification Program and required countermeasures (CM) training. It will be the responsibility of the PM and contractor examiners to stay certified during the course of their work with the contract. In cases where the examiner is de-certified or unable to maintain certification, the examiner is no longer eligible to perform under the contract. The contract PM is responsible in forwarding all CE training hours to the

NCIS the training coordinator allowing for accurate reporting to NCCA.

4.2.8 All CE courses will be approved by the COR in advance of attendance. Each course will be an

NCCA, Federal Polygraph Continuing Education Certification Program (FPCECP) approved CE course. Proof of completion will be provided to the CE manager within 15 days of completing a course of instruction, certifying receipt of instruction.

4.2.9 All personnel shall adhere to common positive and proactive conduct normally found in successful private businesses and the DoD. Contractor management is responsible for quickly resolving all issues with regards to contractor employees, especially as it relates to programmatic performance.

The contractor will maintain continuity and expertise to ensure tasks are delivered on time. The contractor shall ensure all contractor employees conduct themselves professionally, and show proper tact and diplomacy while working on this contract.

5. Place of Performance

5.1 Coordination between the COR and the contractor PM shall take place prior to any examination to determine where the examination will take place. The COR and the PM shall identify if the number of examinations under each task order could be completed at a government facility or a contractor facility, or a combination of both:

5.1.1 Contractor Facilities. The contractor shall provide spaces where polygraph examinations will be administered which shall meet operational requirements of the NCIS PSFO. These identified location(s) and polygraph examination rooms will be in professional, quiet areas of the building site with professional furniture. NCIS COR can inspect these spaces at any-time. Upon inspection by the COR, if the space is deemed not suitable for any reason for testing, a new space must be provided for polygraph exams approved by the NCIS COR.

5.1.1.1 These spaces shall be secure; however, there is not a requirement to have a Sensitive

Compartmented Information Facility (SCIF) for testing. These spaces must be installed with all components and connectivity for commercial cable and internet/intranet networking. The contractor is responsible for understanding and complying with the applicable NCIS and

DoN Policies and directives for office facilities.

5.1.2 Government Facilities. Where available, and most advantageous to the government, government spaces will be utilized to conduct exams. If there is not a government polygraph space available, but other adequate government office space is available, the space must be approved by the NCIS

PSFO COR before using in lieu of contractor provided spaces.

5.2 The following is considered an acceptable polygraph room:

5.2.1 The contractor shall provide adequate testing facilities for both staff and examinees. These spaces should include, but are not limited to, adequate office and testing booths (or equivalent) for each examiner, an appropriate sized waiting room for examinees, secure storage in each waiting room for examinees to lock up all personnel gear, small break area for staff, a room where each testing booth/room can be monitored from, and appropriate bathroom facilities in both the office spaces and waiting room.

5.2.2 Polygraph examination room(s) must be of a reasonable size and provide conditions under which are free from distractions. A polygraph examination shall only be conducted in an approved examination room and should never be conducted where, in the examiner’s opinion, provides a poor atmosphere and/or surroundings.

5.2.3 Provide adequate power and cooling for the system that ensures the hardware remains cool enough to operate without the need to monitor temperature of individual hard drives. The contractor will ensure all equipment is housed in a location that is far away enough from the day-to-day operations that it will not cause any hazard or discomfort to any employee or contractor whether from heat, noise, or distraction.

5.2.4 It is preferred that polygraph examination rooms be void of all windows. However, if windows are present, window blinds or curtains must be utilizes to create a distraction-free environment.

5.2.5 If closed circuit television (CCTV) equipment is present in polygraph examination rooms, recording of examinations is strictly prohibited. Monitoring of examinations may be performed only by authorized personnel for examiner safety purposes. Rooms must be set up so that each exam can be monitored from somewhere in the same building as the tests are being conducted.

5.2.6 Networking devices, racks, switches, hubs, servers, computers, and wiring is to be provided by the contractor, except where specified by the government. The contractor shall provide operation and maintenance of the facility, including IT support and an on-call capability to facilitate emergencies.

5.2.7 The contractor shall provide sufficient spaces for staff (contractors and government personnel), visitor, and examinee parking.

5.3 For purposes of scheduling and communication, Government duty hours are defined as 0700-1530 during normal duty days (Monday – Friday) and can be extended to include Saturday and Sunday by the approval of the COR.

5.4 Unexpected Government closings: The Government will not pay for contractor personnel who do not work due to scheduled or unscheduled Federal holidays or if the Government facilities are closed due to inclement weather or other conditions outside of NCIS’ control.

6. Government Furnished Equipment

6.1 The government will provide laptops, recorders, printers, and associated polygraph testing equipment to conduct required polygraph examination to standards set forth by federal and the NCIS PSFO policies and procedures. See Section 10.2 for Information Assurance requirements. Failure to comply with IA requirements will result in that contractor employee not receiving access to Government systems and therefore, not able to conduct examinations.

6.2 All directives, manuals, publications, forms, and report formats shall be provided at the orientation meeting. Documents provided to the contractors will remain the property of the government no matter the form or format and remain in the contractor provided spaces.

7. Point of Contact

7.1 The primary Government POC is the Contracting Officer’s Representative.

7.2 The NCIS PSFO COR is the subject matter expert for the agency, and is the final government authority on all matters pertaining to the polygraph operations and management of polygraph activities associated with this contract, unless otherwise noted at the task order level.

8. Termination

8.1 NCIS, and applicable task order customers, if other than NCIS, must be notified of all contractor employee terminations/resignations within ten (10) days of occurrence. The contractor shall return to the COR all

DoD issued keys, identification cards, laptops, building passes, and any other GFP issued to contractor examiners that have either expired or have been collected from terminated employees. If a key, identification card, or building pass is not available to be returned, a report shall be submitted to the COR, referencing the pass or card number, name of individual to whom it was issued, and the last known location and disposition of the pass or card.

9. Travel

9.1 Travel will be required. There is no definite schedule for travel; however, travel will be fully defined at the task order level and the U.S. Government will not cover the contractor’s travel expenses.

Arrangements for and costs of all travel, transportation, meals, lodging, and incidental expenses are the responsibility of the contractor, not subject to reimbursement.

10. Security Requirements

10.1 SECURITY CLEARANCE

10.1.1 The NCIS has determined that performance of this contract requires that the contractor requires access to sensitive Government information, and that the contractor will adhere to the following:

10.1.1.1 All polygraph contract examiners shall have an active TOP SECRET clearance. All support administrative personnel shall have an active SECRET clearance.

10.1.1.2 All security matters pertaining to the contractor will be referred to the NCIS Security department for final decisions.

10.1.1.3 Contractors will meet any additional security requirements as deemed appropriate by the

NCIS Security department.

10.1.1.4 All approved cleared contract personnel assigned to work with the NCIS on this contract will be required to maintain a current Common Access Card (CAC).

10.1.1.5 Ensure classified information is discussed, handled, processed, and stored in accordance with current NCIS and National policies directives commensurate with the level of information/material.

10.1.1.6 All NCIS PSFO instructions, operating procedures, examinations and allied documents are the property of the NCIS and remain within the government spaces. The contractor shall not remove such information/material from the facility unless specifically authorized to do so by the government. NCIS PSFO information/material provided to the contractor should remain within the government facility and not additional copies of the information/material shall be obtained without the expressed written authorization of the government.

10.1.1.7 NCIS PSFO policy and documents pertaining to countermeasures, anti-countermeasures, and counter-countermeasures remain in the facility and are the property of the NCIS. Contractor personnel are restricted from discussing these matters outside federal polygraph channels.

10.1.1.8 All personal data related to proposed or actual polygraph examinations, regardless of the classification, will be retained by the government.

10.1.1.9 No NCIS PSFO instruction, manual, pamphlet, guides, directives, books, forms, reports, charts, tracings, or other data related to polygraph or a specific polygraph examination may be released or removed from any NCIS facility. Breach of this policy is grounds for immediate termination of this contract and prosecution of those responsible for compromising the information.

10.1.1.10 Contractor is prohibited from bringing any Personal Electronic Devices into, or out of, any NCIS owned or assigned facility where such items are prohibited.

10.2 INFORMATION ASSURANCE

10.2.1 All contractor employees using NCIS’ automated system or processing the agency’s sensitive data will be required to complete the annual IA awareness training.

10.2.2 The contractor shall ensure that all contractor personnel performing work at a NCIS work site and/or requiring access to the NCIS networks – NIPRNET, shall accurately enter and maintain required personal, administrative, and career information in NCIS’ personnel data basis.

10.2.3 The contractor shall be required to adhere to NCIS’ and DoD IT system standards and guidelines, as well as specified information assurance (IA) network operational requirements, upkeep, accountability, and periodic reviews. Examples include, but not limited to:

10.2.3.1 Proper evaluation and validation of IT products (hardware, firmware and software components).

10.2.3.2 Marking and labeling of hardware and media

10.2.3.3 Use of freeware and shareware

10.2.3.4 Destruction of media and hardware

10.2.3.5 Assessment and monitoring of information systems for intrusions, disruption of services or other incidents that threaten operations.

10.2.3.6 Training of employees IAW DoD policies (IFISMA, HIPAA, PEDs, use of fax machines, principles of lease privileges, separation or roles)

10.2.3.7 Auditing of network infrastructure

10.2.3.8 Implementation/use of PKI certificates.

10.2.3.9 Network connections (disclosure of pre-existing networks, circuits or connections)

10.2.3.10 Architecture verification and compliance

Contractor Unclassified Access to Federally Controlled Facilities, Sensitive Information, Information

Technology (IT) Systems or Protected Health Information

(July 2013)

Homeland Security Presidential Directive (HSPD)-12, requires government agencies to develop and implement

Federal security standards for Federal employees and contractors. The Deputy Secretary of Defense Directive-Type

Memorandum (DTM) 08-006 – “DoD Implementation of Homeland Security Presidential Directive – 12 (HSPD-

12)” dated November 26, 2008 (or its subsequent DoD instruction) directs implementation of HSPD-12. This clause is in accordance with HSPD-12 and its implementing directives.

APPLICABILITY

This clause applies to contractor employees requiring physical access to any area of a federally controlled base, facility or activity and/or requiring access to a DoN or DoD computer/network/system to perform certain unclassified